Premenstrual Syndrome and Criminal Liability in Iranian Law
A Legal Lacuna
Bibliographic Data
| ID | 17825082 |
|---|---|
| Authors | Abolfazl Alishahi ghaleh Joughi (0000-0001-7205-759X, Farhangian University), Sedighe Riahi Rad (0000-0003-0830-8598, Yasouj University) |
| Year | 2026 |
| Volume | 44 |
| Issue | 1 |
| Publication date | 2026-01-29 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of College of Sharia & Islamic Studies (JOURNAL) |
| Journal identifiers | ISSN: 2305-5545 • E-ISSN: 2523-1715 |
| Publisher | HBKU Press (PUBLISHER • QA) |
| DOI | 10.29117/jcsis.2026.0439 |
| OpenAlex | W7126105506 |
| Language | EN |
| References cited | 16 |
Objectives: This study examines whether Iranian law and jurisprudence support the hypothesis that certain women are more predisposed to criminal behavior during their menstrual cycle, which then warrants a reduction in their punishment. Methodology: Using a descriptive-analytical approach, this research explores perspectives from medical professionals, lawyers, and jurists regarding premenstrual syndrome (PMS) as a mental disorder with potential implications for mitigating criminal liability. Findings: A key finding of this study is that PMS has been categorized as a type of mental disorder. By analyzing legal provisions related to mental disorder in Iranian law and interpretations of the term ‘harm’ (adhā) in Qur’an 2:222 (Al-Baqarah/The Cow) concerning menstruation, this study assesses whether PMS can serve as a mitigating factor in criminal sentencing under Iranian law. Originality: While many jurists argue for a correlation between PMS and criminal behavior, which suggests that it should be considered in sentencing reductions, Iranian law discourse has largely overlooked this issue. Notably, PMS serves as a mitigating factor in various legal systems worldwide, yet its legal implications remain unexplored in Iranian law
Criminal behaviour · Criminal law · Criminal liability · Forensic psychiatry · Jurisprudence · Liability · Mental illness · Therapeutic jurisprudence · Leadership, Courage, and Heroism Studies · Martial Arts: Techniques, Psychology, and Education · Menstrual Health and Disorders
| Highly cited | No |
|---|